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License Agreement
45
12. APPLICABLE LAW AND FORUM. The laws
of Germany govern this Agreement. No choice of
law rules of any jurisdiction will apply. The courts in
Munich shall settle any disputes arising out of or
relating to this Agreement provided you are a
merchant.
13. MISCELLANEOUS. This Agreement repre-
sents the entire agreement between You and
Siemens relating to the Licensed Software and
(i) supersedes all prior or contemporaneous oral or
written communications, proposals, and represen-
tations with respect to its subject matter; and
(ii) prevails over any conflicting or additional terms
of any acknowledgement or similar communication
between the parties during the term of this License.
Notwithstanding the foregoing, some products of
Sie-mens may require You to agree to additional
terms through an on-line "click-wrap" license, and
such terms shall supplement this Agreement. If any
provision of this Agreement is held invalid, all other
provisions shall remain valid unless such validity
would frustrate the purpose of this Agreement, and
this Agreement shall be en-forced to the full extent
allowable under applicable law. No modification to
this Agreement is binding, unless in writing and
signed by a duly authorized representative of each
party. This Agreement shall be binding on and shall
inure to the benefit of the heirs, successors, and
assigns of the parties hereto. The failure of either
party to enforce any right resulting from the breach
of any provision of this Agreement by the other par-
ty will not be deemed a waiver of any right related
to a subsequent breach of such provision or any
other right hereunder. Notwithstanding anything to
the contrary in this Agreement, Siemens and/or its
licensors may enforce its rights, including but not
limited to copyright, trademark or trade names, in
accordance with the rules of law in each country.
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